Anybody surprised that a government agency gamed the system in order to get their hands in your bank account? Surprised that a city decided to roll the dice to get more money for themselves?
At least one judge was willing to end the corruption of a city council willing to violate the rules to steal $40 million a year from their residents.
“Calling the matter a voting rights case, Hopp said he was “strongly inclined” to rule that the Nov. 2 election didn’t meet the definition of a general election, and therefore Measure C should not have been brought to voters at that time. However, he added that “leaning isn’t definitely deciding” and said he would review the city’s argument and related court cases that Okazaki cited.
The judge said he planned to issue a ruling during a 9:30 a.m. Monday, Jan. 24, hearing at the Riverside Historic Courthouse.
Morgan said he hoped that, if the judge were to rule in favor of his clients, he would not allow the election result of Measure C’s passage to be certified.
General elections in California are held in even years—this election, not on any schedule three years ago, was a special election—even if the city council lied to a judge about that.
Judge may invalidate Riverside’s Nov. 2 electricity tax election
By David Downey, Press-Enterprise, 1/7/22
A judge appears poised to rule that Riverside improperly placed on the Nov. 2 ballot a measure seeking voter approval for funding basic city services with electric utility dollars.
Riverside could lose about $40 million a year — 14% of its operating budget — if the judge rules against the city.
The city provides power to Riverside residents to light and cool homes, along with other utilities. It has a longstanding policy of depositing 11.5% of money it receives from electricity customers in its general fund, which pays for services such as police and fire protection, street paving and park upkeep.
That policy was challenged in court, and in October 2020 a judge declared the practice an unconstitutional tax, absent voter approval. Eager to avoid losing the $40 million, city officials placed Measure C on the ballot asking voters to approve the extra charge as a general tax. Election returns showed the measure passing comfortably.
However, a group called Riversiders Against Increased Taxes had sued to prevent the election, alleging the measure could not legally be placed on the ballot because tax measures under state law may only appear in general elections.
And, shortly after the election, Riverside County Superior Court Judge Harold W. Hopp temporarily blocked certification of Measure C’s passage pending the conclusion of the lawsuit.
The group’s attorney, Chad Morgan, has argued that the Nov. 2 vote was a special election. In a hearing Friday, Jan. 7, Riverside Assistant City Attorney Neil Okazaki contended that the election met the state law definition of a general election and was properly held.
During the online hearing, Hopp said he was leaning toward ruling against the city.
Calling the matter a voting rights case, Hopp said he was “strongly inclined” to rule that the Nov. 2 election didn’t meet the definition of a general election, and therefore Measure C should not have been brought to voters at that time. However, he added that “leaning isn’t definitely deciding” and said he would review the city’s argument and related court cases that Okazaki cited.
The judge said he planned to issue a ruling during a 9:30 a.m. Monday, Jan. 24, hearing at the Riverside Historic Courthouse.
Morgan said he hoped that, if the judge were to rule in favor of his clients, he would not allow the election result of Measure C’s passage to be certified.
The lawsuit named the city, City Attorney Donesia Gause and Riverside County Registrar of Voters Rebecca Spencer as defendants.
City spokesperson Phil Pitchford said Riverside officials would not comment until a decision is made.
Measure C proponents have said the $40 million is crucial, and losing that money would result in many services being slashed. Measure C opponents dispute that point and say the loss of the money would force the city to budget more frugally.
